HABEAS CORPUS: A high prerogative writ of ancient origin, the vital purposes of which are to obtain immediate relief

from illegal
confinement; to liberate those who may be imprisoned without sufficient cause, and to deliver them from unlawful custody; or to
obtain a proper custody of persons illegally detained from the control of those who are entitled to the custody of them. 25 Am J1st Hab
C § 2. A generic term in one sense, being applicable to each of several different writs, but as used generally, referring to the writ of
habeas corpus ad subjiciendum. 25 Am J1st Hab C § 2.
HABEAS CORPUS AD PROSEQUENDUM: A writ of habeas corpus which issues for the purpose of removing a prisoner in order to
prosecute him in the proper jurisdiction, namely, that wherein the act was committed, or to enable him to become the prosecuting
witness in a criminal case. 25 Am J1st Hab C § 4.
 HABEAS CORPUS AD RESPONDENDUM: A Writ of Habeas Corpus which issues where one has a claim against another, who
is in custody under process of an Inferior Court (BANKRUPT - BAR Court), in order to remove the prisoner and prefer the claim
against him in the Higher Court (BANKRUPTCY - BAR Court). 25 Am J1st Hab C§4.
INFERIOR COURT: A classification of somewhat flexible character, but usually meaning that the court is one whose proceedings are
not endowed with the presumption of jurisdiction. 20 Am J2d Cts § 28. A court of limited jurisdiction. 20 Am J2d Cts § 28. A court of
original jurisdiction as distinguished from a court having appellate jurisdiction; a court of original jurisdiction as distinguished from a
court exercising supervisory control over it. 20 Am J2d Cts § 28. A court subject to control under a writ of mandamus directed to it by
another court. 35 Am J1st Mand § 250.
 OFFICER: An Officer is distinguishable from a person who Holds a Place of Trust or Profit. Such Places are not offices, and yet
they occupy the same general level in dignity and importance. Members of the legislature are not officers. Their places are places of
trust.
PLACEMAN: A person who, for the time, is serving the state in the performance of a duty required of him as a citizen such as a juror or
election inspector, although not in the capacity of a public officer. Worthy v Barrett, 63 NC 199, 202. See place of trust or profit.
 PLACE OF TRUST OR PROFIT: A term comprehensive in the broad sense of public officers, fiduciaries, even corporate officers,
but having a particular application in reference to INELIGIBILITY for a public office. A position which, although not a public office,
occupies the same general level in dignity and importance.
As an office has some relations to the public, so must places of trust and profit involve the exercise of functions affecting the public, in
order to constitute a disqualification for other similar places. Doyle v Aldermen of Raleigh, 89 NC 133. See placemen.
PLACER CLAIM: A mining claim covering property wherein the valuable mineral is found, not in veins, lodes, or ledges within the
rock, but in a loose condition in the softer materials making up the surface of the earth. 36 Am J1st Min & M § 71.
 CLAIM JUMPING: Taking advantage of the failure of one, who has settled on public lands or has begun a mining operation on
such lands, to perfect his claim in the manner required by law, by locating a claim to the same area in the manner required by law,
for the purpose of obtaining the same area irrespective of the work performed by the first occupant or claimant or of any right he may
have by virtue of prior possession or occupation. Nelson v Smith, 42 Nev 302, 176 P 261, 178 P 625.
CLAIM-NOTICE: A Notice Posted on his mining claim by a miner or prospector setting forth his claim to mining rights in the land.
PATENT: Adjective: Obvious, evident. Open to view on ordinary inspection. Miller v Moore, 83 Ga 684, 10 SE 360. Noun: A
commission evidencing a right, such as a commission entitling one to a public office. A conveyance or grant of public lands,
particularly to one who has made a homestead entry and complied with the statutory conditions respecting settlement,
residence, cultivation, and payment. 42 Am J1st Pub L § 31. A grant of mineral rights in public lands. 36 Am J1st Min & M § 25.
The right of monopoly secured by statute to those who invent or discover new and useful devices and processes. The exclusive right of
manufacture, sale, or use secured by statute to one who invents or discovers a new and useful device or process. 40 Am J1st Pat § 2.
Verb: To obtain a patent upon an invention.
 PATENTABLE: The machine, process or product is but its material reflex and embodiment. It must be new and shown to be of
practical utility in order to be patentable. Smith v Nichols (US) 21 Wall 112, 22 L Ed 566.
 PATENT AMBIGUITY: An uncertainty appearing on the face of an instrument, such that the court, reading the language in the
light of all the facts and circumstances referred to in the instrument, is unable to derive therefrom the intention of the parties. 23 Am
J2d Deeds § 251. In will:–an ambiguity appearing upon the face of the instrument, for example, a bequest to "some" of the six
children of the testator's brother. 57 Am J1st Wills § 1042.
 AMBIGUITAS CONTRA STIPULATOREM EST: An Ambiguity is resolved against the Stipulator.
 STIPULATOR: A Promisor. A surety on a bond or stipulation filed in an admiralty suit. 2 Am J2d Adm § 157. Broadly, one who
enters into a stipulation.
 PROMISOR: A person who makes a promise to another; a person who promises.
 AMBIGUITY: Doubtfulness or uncertainty, especially in the meaning of language arising from its admitting of more than one
meaning; duplicity in meaning. Kraney v Halsey, 82 Cal 209, 22 P 1137.
A word or phrase is "ambiguous" within the meaning of the parol evidence rule only when it is of uncertain meaning and may be fairly
understood in more ways than one. 30 Am J2d Ev § 1069. See latent ambiguity; patent ambiguity.
 LATENT: Hidden from view; concealed; not discoverable by ordinary inspection. Miller v Moore, 83 Ga 684, 10 SE 360.
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 LATENT AMBIGUITY: An ambiguity in a writing which does not appear until the writing is applied to the circumstances. Putnam v
Bond, 100 Mass 58, 60. An uncertainty in an instrument which does not appear on the face, but which is shown to exist for the first
time by matter outside the writing. Equivocality of expression, or obscurity of intention, arising not from the words of the instrument
themselves, but from the ambiguous or obscure state of extrinsic circumstances to which the words of the instrument pertain, and
which is susceptible of explanation by a mere development of extraneous facts without altering or adding to the written language or
requiring more to be understood thereby than will fairly comport with the ordinary or legal sense of the words used in the instrument.
30 Am J2d Ev § 1073.
In a will:–an ambiguity which is not discoverable from reading the will, but which appears upon consideration of the extrinsic
circumstances, for example, a bequest to "my cousin John," it appearing that the testator has two or more cousins "John." 57 Am J1st
Wills § 1042.
 LATENT DEED: A Deed kept hidden in a secret place for Twenty Years or More. Den ex dem. Wright v Wright, 7 NJL 175.
DEED: Broadly defined, a writing sealed and delivered by the parties; in the modern sense, an instrument conveying real property
or an interest therein. 23 Am J2d Deeds § 1.
DEED OF PARTITION: A Deed to one joint tenant from the others or to one tenant in common from his cotenants, whereby an estate
in severalty is created in the Grantee.
 LATENT DEFECT: A defect not observable on casual inspection. A hidden defect in a structure, machine, or article of
merchandise. A defect in an article constituting the subject matter of a sale, not discoverable on a reasonable examination of the
property. 46 Am J1st Sales § 94. A secret defect arising out of the manner in which the article was manufactured. Hoe v Sanborn, 21
NY 552, 555.
A defect in the title to real estate not readily observable even though a matter of public record. Anne: 33 ALR 994.
 LATENT INJURY: An injury not apparent at the time but capable of producing pain and suffering at a later time. 6 Am J2d Atomic
E § 51.
AMBIGUITY ON THE FACTUM: An ambiguity, not upon the construction, as whether a particular clause shall have a particular
effect, but an ambiguity as to the foundation of the instrument, or a particular part of it, for example, whether a testator meant a
particular clause to be part of the instrument, or whether it was introduced with his knowledge, or, again, whether a codicil was meant
to republish a former or a subsequent will, or whether the Residuary Clause, or any other passage, was accidentally omitted. 57
Am J1st Wills § 873.
 PATENTED CLAIM: A claim to a homestead upon government land upon which a Patent has been issued and delivered. A claim to
mineral rights in public lands upon which a Patent has been issued and delivered. 36 Am J1st Min & M § 25. See Placer Claim
Patent.
PATENT OFFICE: A federal bureau located in Washington D. C., headed by the Commissioner of Patents, wherein the merits of an
application for a patent are considered and where all records, drawings, models, specifications, and other papers and things pertaining
to patents are required by law to be kept and preserved. 40 Am J1st Pat § 10.
 PLACER CLAIM PATENT: A Patent issued by the Federal Government covering the surface and minerals to found in placer
form thereunder, also known veins sought to be covered by the Patent, and all unknown veins thereafter discovered by the Patentee.
36 Am J1st Min & M § 124.
PLACER LOCATION: The marking of the boundaries of a placer claim. See placer claim.
INELIGIBILITY: The state of being ineligible. See ineligible.
 INELIGIBLE: Want of eligibility. The lack of the legal qualifications essential for an office or trust. Barnum v Gilpin, 27 Minn 466,
8 NW 375. See eligibility.
PRINCIPAL PLACE OF BUSINESS: The criterion of the residence or nonresidence of a corporation. 36 Am J2d For Corp § 38. As a
venue for the adjudication of a debtor in bankruptcy, the place where the debtor's personal business affairs are conducted,
notwithstanding his principal income is from a business conducted elsewhere. Re Knox (CA6 Tenn) 11 F2d 743.
The principal place of business of a corporation is that place which has been designated by the corporation in compliance with, and in
the manner prescribed by statute. That place is often the principal or main office of the company in the case of a domestic corporation,
but obviously the principal place of business as here defined is not necessarily the office of the corporation. State v Vincent, 144 Wash
246, 257 P 849.
 BREACH OF TRUST: A term susceptible of wide application, comprehending derelictions by persons in all confidential and
fiduciary relationships, but applicable particularly to a violation of duty by a trustee, whether it be willful or fraudulent, occurring by
negligence, or arising from mere oversight or forgetfulness. 54 Am J1st Trusts § 300.
HOLDER: A person who holds; a person who is in the actual or constructive possession of land. State v Wheeler, 23 Nev 143, 44 P 430.
A technical term of the law merchant, the Negotiable Instruments Law, and the Uniform Commercial Code. The person in possession
of a bill or note which is payable to bearer. Capitol Hill State Bank v Rawlins Nat. Bank, 24 Wyo 423, 160 P 1171, 11 ALR 937, 950.
A person in legal possession of a negotiable instrument and entitled to demand payment in accordance with its terms, whether in his
own right or as an agent. Bowling v Harrison (US) 6 How 248, 258, 12 L Ed 425, 429. The payee or indorsee of a bill or note, who is
in the possession of it, or the bearer thereof. Uniform Negotiable Instruments L § 191. A person who is in possession of a document of
title or an instrument or an investment security drawn, issued, or indorsed to him or his order or to bearer or in blank. UCC § 1-201
(20). One in possession of a negotiable instrument and entitled to maintain an action at law on it or anyone in actual or constructive

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 possession of such an instrument and entitled to recover or receive its contents from the parties to it. Buckman v Hill Military
Academy, 182 Or 621, 189 P2d 575.
HOLDER IN DUE COURSE: Broadly, a bona fide holder for value without notice. 11 Am J2d B & N § 397. A holder of a negotiable
instrument or document of title who has taken the instrument under the following conditions: that it is complete and regular upon its
face; that he became the holder of it before it was overdue, and without notice that it had previously been dishonored, if such was the
fact; that he took it in good faith and for value; that at the time it was negotiated to him he had no notice of any infirmity in the
instrument or defect in the title of the person negotiating it. Uniform Negotiable Instruments L § 52. A holder who takes a negotiable
instrument, document of title, or an investment security, for value, in good faith, and without notice that it is overdue or has been
dishonored or of any defense against of claim to it on the part of any person. UCC § 3-305; 11 Am J2d B & N § 397.
BONA FIDE POSSESSOR: A person who is in possession of property and is ignorant of all the facts and circumstances relating to his
adversary's title. Henderson v Pickett's Heirs, 20 Ky (4 T13 Mon) 54, 60; actual rather than potential or simulated service, and
substantial as distinguished from incidental, sporadic, or infrequent service. Anno: 4 ALR2d 705. (Civil law.) A possessor who
believes that no other person has a better right to the possession than himself. See Mackeldey's Roman Law § 243.
 ADVERSARY: The opposite party in a contest or an action.
 PERFECTED: Completed; fully performed; executed.
 PERFECT TITLE: A title that is clear, there being no reasonable doubt as to any fact or point of law upon which validity depends.
55 Am J1st V & P § 149. A Title free from litigation, palpable defects, or grave doubts, consisting of both legal and equitable title
fairly deducible of record. Pearce v Freeman, 122 Okla 285, 254 P 719. A Title uniting in one and the same person the possession, the
right of possession, and the right of property. Donovan v Pitcher, 53 Ala 411. As a feature of the implied obligation of the vendor
under a contract for the sale of real estate, synonymous with marketable title. 55 Am J1st V & P § 149.
A Perfect Title must be one that is good and valid beyond all reasonable doubt. To be good, it should be free from litigation, palpable
defects and grave doubts; should consist of both legal and equitable titles, and should be fairly deducible of record. Turner v
McDonald, 76 Cal 177, 180, 18 P 262.
CLOSED: Terminated; being at an end. The term is of somewhat variable meaning as relating to a business transaction, one meaning
being that of reaching an agreement, the other being that of putting an agreement into effect, as where the parties to a real estate
contract say the deal is "closed" when the parties meet and perform their engagements, the one delivering a deed and the other making
payment of the consideration promised. Tahir Erk v Glenn L. Martin Co. (DC Md) 32 F Supp 722.
LIQUIDATED DAMAGES: A sum stipulated and agreed upon by the parties, at the time of entering into a contract, as being payable as
compensation for loss suffered in the event of a breach. 22 Am J2d Damg § 212.
As to the distinction between penalties and liquidated damages, see 22 Am J2d Damg § 213.
STIPULATION: In Admiralty, the equivalent of a bond furnished in a proceeding. 2 Am J2d Adm § 157. An agreement, admission, or
concession made in a judicial proceeding by the parties thereto or their attorneys, in respect of some matter incident to the proceeding,
for the purpose, ordinarily, of avoiding delay, trouble, and expense. 50 Am J1st Stip § 2. A method of voluntary dismissal of action. 24
Am J2d Dism § 7.
Stipulations differ in their character, some being mere admissions of fact, simply relieving a party from the inconvenience of making
proof, while others embody all the essential characteristics of a contract. Thayer v Federal Life Ins. Co. 217 Wis 282, 258 NW 489.
STIPULATION OF FACTS: An agreement by the parties to an action on certain particular facts, thus avoiding the need to present
evidence regarding them but not eliminating the court's function of drawing inferences from the stipulated facts and others shown by
evidence. 3 Am J2d Agr C § 5. The equivalent in some American jurisdictions of agreed case. Northwestern Mut. Life Ins. Co. v Tone,
125 Conn 183, 4 A2d 640, 121 ALR 993; Pryor v Briggs Mfg. Co. 312 Mich 476, 20 NW2d 279, 161 ALR 699.
RESIDUARY CLAUSE: A clause in a will which purports to dispose of that part of the estate which is left after other legacies and
devises have been paid and all legal claims against the estate discharged. 57 Am J1st Wills § 1415.
The term seems to contemplate the former provisions in the will to carry into effect the wishes of the testator as to the disposition of
his estate, and is used to cover all that remains after such former dispositions of property have been carried out. Morgan v Huggins
(CC Ga) 48 F 3, 5.
The phrase "Rest, Residue, and Remainder" is frequently used in wills to devise and bequeath all of the property of the testator
which he has not by his will specifically devised or bequeathed. " 'All the rest, residue, and remainder of my property, both real and
personal,' expresses no intent to limit or exclude from the residuum anything personal or real, anything whatever which for any reason
might prove to be ineffectually disposed of. It expresses a clear intent on the part of the testator to make a full and complete disposition
of his property." Wilson v Sanger, 57 App Div 320, 322, 68 NYS 30.
As a rule, an enumeration of specific articles in a residuary clause will not make the bequest specific as to such articles unless they are
designated in such a way as to differentiate them from the residue. A bequest of all a man's personal property is a residuary and not a
specific legacy, since its import is the same as is expressed by the words, "rest and residue." But a devise of "all the residue of the
testator's real estate and personal property not hereinbefore enumerated, as hereinafter described," is a specific bequest of the
subsequently enumerated property, and does not entitle the beneficiary to take as a residuary legatee the lapsed legacies and property
not enumerated in the bequest to him. 57 Am J1st Wills §§ 1415 et seq.
UNDER THE LAW: In conformity with law. Subject to the law. "We are under the laws of the United States - that is, we are subject
to those laws. We live under a certain jurisdiction - that is, we are subject to it." Mills v Stoddard (US) 8 How 345, 366, 12 L Ed 1107,
1115.
UNINTELLIGIBLE: Incapable of being understood; not expressing any meaning.
UNIVERSITAS BONORUM. All of a person's goods; all of a person's estate.

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 UNLAWFUL AB INITIO. Unlawful from the beginning. In cases of total divorce, the marriage is declared null, as having been
absolutely unlawful ab initio (from the beginning); and the parties are therefore separated pro salute animarum (for the welfare of their
souls). See 1 Bl Comm 440. See trespass ab initio.
DE CERTIFICANDO: A writ which lay to compel the certification of a document.
DE CERTIORANDO: A writ which lay to compel a sheriff to give his certificate of a fact.
DECIPI QUAM FALLERE EST TUTIUS: It is safer to be deceived than to mislead.
 DECEIT: A species of fraud; any false representation or contrivance whereby one person overreaches and misleads another to the hurt
of the latter. Walter v State, 208 Ind 231, 195 NE 268, 98 ALR 607.
 MISAPPLICATION OF FUNDS: The conversion of funds. As a specific offense, the conversion by a bank officer of funds of the
bank to the use of the officer or a third person, something beyond a mere act of official administration. 10 Am J2d Banks § 224.
 MISAPPROPRIATION OF FUNDS: An abstraction of cash, or a source of cash. 50 Am J1st Suret § 336. The failure of a person to
account for or return a fund committed to him for a specific purpose. Anno: 17 ALR2d 1021.
MISCHIEF: Conduct resulting in injury or annoyance to another. See malicious mischief.
MISCEGENATION: The intermarrying, cohabiting, or interbreeding of persons of different races. A criminal offense under the statutes
of a few jurisdictions, principally in the intermarriage of white persons with negroes or persons having a specified percentage of negro
blood. 35 Am J1st Mar § 146; 36 Am J1st Misceg § 2.
 MISBRANDED: Characterizing an article which carries a False or Misleading Label, especially where the Falsity is such as TO
DEFRAUD THE PUBLIC. United States v 90-5 Barrels, 265 US 438, 68 L Ed 1094, 44 S Ct 529. See Misbranding.

 MISBRANDING: An offering for sale of an article under the name of another article, the offering for sale of an imitation of another
article, and the offering for sale in package form of an article which does not bear a label containing the name and place of business of
the manufacturer, packer, or distributor and an accurate statement of the quantity of the contents in terms of weight, measure, or
numerical count. 21 USC § 343; 35 Am J2d Food § 27.
A brand is a false brand whether it was intentionally erroneous or erroneous because of culpable negligence. Hatcher v Dunn, 102
Iowa 411, 71 NW 343. See Mislabeling.

 MISCARRIAGE: Abortion; a premature birth. Anderson v Commonwealth, 19 Va 665, 58 SE2d 72, 16 ALR2d 942. The expulsion
of the foetus at a period of utero-gestation so early that it has not acquired the power of sustaining an independent life. More precisely,
the termination of pregnancy between the 16th and 28th week. 1 Am J2d Abort § 1. In reference to the application of the statute of
frauds to an oral contract to answer for the miscarriage of another:–the default of a third person upon his debt or obligation
for which the PROMISOR had undertaken to answer. 49 Am J1st Stat of F § 65.
 MISCARRIAGE OF JUSTICE: A decision inconsistent with substantial justice. Kotteakos v United States, 328 US 750, 90 L Ed
1557, 66 S Ct 1239. The result of a case in which essential rights of a party were disregarded or denied. People v Musumeci, 133 Cal
App 2d 354, 284 P2d 168.
MISCONDUCT: Improper conduct. A transgression of some established and definite rule of action, where no discretion is left, except
what necessity may demand; a violation of definite law; a forbidden act. Citizens' Ins. Co. v Marsh, 41 Pa 386, 394. Intentional
wrongdoing. Smith v Cutler (NY) 10 Wend 589.
 MISCREANT: An evil person. An unbeliever, a person who entertained doctrines subversive to the moral obligations or the
Christian religion. A statute under William the Third provided that if any person with an understanding of Christianity wrote or taught
or made speeches denying its truth he thereby rendered himself incapable of holding any office of trust; that for a second offense he
should be unable to sue, act as guardian, executor, legatee or purchaser of land and suffer three years' imprisonment without bail. See 4
Bl Comm 44.
 MISDELIVERY: The delivery of goods by a carrier to some person other than the one to whom they were consigned. 13 Am J2d Car
§ 415.
 MISDESCRIPTION: An Error in describing a party to an action; a matter of no consequence if the party is otherwise properly
designated. 39 Am J1st Parties § 109. An Error in a conveyance in respect of the description of the subject matter. 23 Am J2d Deeds
§§ 155 et seq.
 ERROR: A Mistake of Law or Fact; a mistake of the court in the trial of an action; a writ to review a judgment of an inferior court in
a higher court for errors appearing on the face of the record. A proceeding under a writ of error, distinct, under the older practice, from
an appeal, in respect primarily of the scope of review, the typical error proceeding calling for a trial de novo. 4 Am J2d A & E § 2.
INTENT: Adjective: With fixed purpose; earnest; determined; engrossed. Noun: Purpose. The purpose to use a particular means to effect
a certain result. Baker v State, 120 Wis 135, 97 NW 566. A constituent element of all criminal acts, but not necessarily conscious
wrongdoing. 21 Am J2d Crim L § 81. An inference of law from facts proved. State v La Page, 57 NH 245.
INTENTIO CAECA MALA: A Concealed Intention or meaning is bad.
INTENTIO INSERVIRE DEBET LEGIBUS, NON LEGES INTENTIONS: Intention should be subservient to the laws, not the laws
to intention.

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 INTENTIONAL: Performed or done with Intent. In the law of private nuisance an invasion of another's interest in the use and
enjoyment of land is intentional when the person whose conduct is in question as a basis for liability acts for the purpose of causing it,
or knows that it is resulting from his conduct, or knows that it is substantially certain to result from his conduct. Anno: 54 ALR2d 769.
MISFEASANCE: The improper doing of an act which a person might lawfully do. Greenberg v Whitcomb Lumber Co. 90 Wis 225, 63
NW 93. The unlawful and injurious exercise of lawful authority, or the doing of a lawful act in an unlawful manner. Alias v Rumson,
115 NJL 593, 181 A 175, 102 ALR 648. The performance of a duty or act which one ought or has a right to do but in a manner such as
to infringe upon the rights of others. Anno: 20 ALR 104.
MISJOINDER OF PARTIES: The defect of having made parties of record to an action persons who are neither necessary nor proper
parties. 39 Am J1st Parties § 118.
 MISLABELING: Affixing to an article offered for sale a label which is false or misleading in such particular as to deceive the public
in reference to the weight, quantity, or measure of the article. 56 Am J1st Wts & L § 64. Affixing to a package of food a label which
incorrectly states the identity, composition, quality, strength, or purity of the article. 22 Am J1st Food § 36. Affixing to the wrapper or
container of a drug, or accompanying a drug with, a label which is false or misleading in any particular. 25 Am J2d Drugs § 30. See
misbranding.
 MISLEADING: Leading into Error. Deceiving. As used in a statute forbidding corporations from taking a name so clearly
resembling that of an existing corporation as to be misleading, the word is not synonymous with "confusing," but it means calculated
to lead astray or lead into error persons who are contemplating or who are engaged in transactions with an existing corporation.
Diamond Drill C. Co. v International Diamond Drill C. Co. 106 Wash 72, 179 P 120.
 MISREPRESENTATION: The statement of an Untruth. A Misstatement of Fact, which, if accepted, leads the mind to an
apprehension of a condition other and different from that which exists. 37 Am J2d Fraud § 2. In application for insurance:–a
statement as a fact of something which is Untrue, and which the insured states with the knowledge that it is untrue and with an intent
to deceive, or which he states positively as true without knowing it to be true, and which has a tendency to mislead, where such fact in
either case is material to the risk. 29 Am J Rev ed Ins § 698.
MISSTATEMENT: A statement which is in Error.
MISTAKE OF FACT: An active mistake, consisting in the belief of existence of a matter or thing which is nonexistent, or vice-versa,
or a passive mistake, consisting of unconsciousness, ignorance, or forgetfulness of a fact material to the transaction. Kowalke v
Milwaukee Electric R. & Light Co. 103 Wis 472, 79 NW 762. A ground for cancellation of an instrument whether the instrument
relates to an executory agreement or to one that has been executed, providing it affects the substance of the contract and is not a mere
incident of the agreement. Steinmeyer v Schroeptel, 226 Ill 9, 80 NE 564. As ground for relief in equity by reformation of instrument:–
(1) an unconscious ignorance or forgetfulness of a fact past or present and material to the contract; or (2) a belief in the present
existence of a thing material to the contract which does not exist, or in the past existence of such a thing which has not existed. 45 Am
J1st Reform Inst § 47. In the making of a payment:–a mistaken belief that the money was due the payee, when in truth it was neither
legally nor morally due. 40 Am J1st Paym § 189.
MISTAKE OF LAW: An erroneous conclusion by one having a full knowledge of the facts as to their legal effect. Birkhouser v
Schmitt, 45 Wis 316. An erroneous opinion or inference arising from an imperfect or incorrect exercise of the judgment upon the facts
as they really are. Kowalke v Milwaukee Electric R. & Light Co. 103 Wis 472, 79 NW 762.
MISTAKE OF LAW AND FACT: A mistake of fact induced by a mistake of law, as in making a payment. 40 Am J1st Paym § 90.
 MISUSER: The use of the privileges and franchises conferred upon a corporation in such manner as to defeat the ends for which the
corporation was established. 19 Am J2d Corp § 1618. A Wilful Abuse or improper neglect of corporate privileges and franchises.
19 Am J2d Corp § 1619. The use of a franchise contrary to the conditions prescribed therein, 36 Am J2d Franch § 54, such as a refusal
to comply with a rate ordinance. 36 Am J2d Franch § 18. The wrongful use or the failure to use a power. Erie & North-East Railroad
Co. v Casey, 26 Pa 287, 318. The use of property for a purpose for which it was not designed. 18 Am J2d Conversion § 48. Use of
dedicated land for any purpose other than that for which it was dedicated. 23 Am J2d Ded § 67.
HOMESTEAD: In a popular sense, the place of the home–the residence of the family; it represents the dwelling house in which the
family resides, with the usual and customary appurtenances, including the outbuildings of every kind necessary or convenient for
family use, and the lands used for the purposes thereof. In a legal sense, a term strictly American, but susceptible to a variety of
conceptions, one being immunity from the claims of creditors, another the restriction of the conveyance or incumbering of such
property, still another a provision for surviving spouse and minor children to be made out of the lands of a decedent, which may or
may not be property to which a homestead exemption has attached, and, in still other senses, the right, based on residence and
cultivation, to acquire a tract of land out of the public lands of the United States, and the subject of such a right. 26 Am J1st Home § I.
Used in a will by way of describing the subject matter of a devise, it is uniformly held that the term "homestead" is not limited to the
quantity or value of land denominated in applicable statutes as constituting an exemption from execution. 57 Am J1st Wills § 1356.
 HOMESTEAD EXEMPTION: The exemption created by act of Congress declaring that no lands acquired under federal homestead
and timber culture laws shall be liable for the satisfaction of any debt contracted prior to their acquisition from the government. 42 Am
J1st Pub L § 27. The exemption from execution, provided by constitution or statute, of a prescribed amount or tract of land occupied
by the debtor as the head of the family residing thereon. 26 Am J1st Home §§ 2 et seq.
 ENTRY UNDER HOMESTEAD LAW: The act by which an individual acquires an inceptive right to a portion of the
unappropriated soil of the public domain, consisting in the filing of a claim in the proper land office of the United States or, in case of
the public domain of a state, in the office of an entry-taker or other officer with similar authority. 42 Am J1st Pub L §§ 19 et seq.
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 ORIGINAL ENTRY: See book of account; book of original entry.
 BOOK: A generic term inclusive of a bound volume, even a very loosely bound volume, sometimes sheets held together by a ring or
loop of wire, of such a variety of content as to embrace a body of blank pages on the one hand or the world's greatest literary
masterpiece on the other. Any species of publication which an author selects to embody his literary product and for which he seeks the
protection of a copyright. 18 Am J2d Copyr § 38. In the ancient concept, a term including any volume, whether of paper, of parchment,
or of some other material.
 BOOK ACCOUNT: An account based upon transactions creating a Debtor and Creditor relation, evidenced by entries made in a
book regularly kept and used for that purpose. Plunkett-Jarrell Grocery Co. v Terry, 222 Ark 784,263 SW2d 229, 44 ALR2d 917.
 BOOK DEBT: A common-law form of action to recover for such items as are the proper subjects of book charge, that is, proper for
entry or charge in a book of account. Newton v Higgins, 2 Vt 366, 369.
 BOOK-LAND: Land which was held by deed under certain rents and free services, otherwise known as Charter-Land, and which,
in effect, did not differ from the Free Socage-Lands. See 2 Bl Comm 90.
 SOCAGE. Land tenure by nonmilitary service. See common socage; free socage; guardian in socage; simple socage.
 BOOK OF ACCOUNT: Otherwise known as a shop-book a book of Original Entry of transactions with customers in a store or
shop, which is admissible in evidence in an action by the storekeeper or shopkeeper to recover on the account of a, customer, where
properly authenticated as to the person or persons who made the entries, the time, the occasion, and accuracy of the entries. 30 Am J2d
Ev § 918. See book of original entry; journal; shop-book rule; waste-book.

 BOOK OF ORIGINAL ENTRY: The first permanent record of a transaction made by a shopkeeper or storekeeper, as a creditor of a
customer, in the usual course of business and within a reasonably short time after the transaction itself, although the items may have
been first entered as a temporary assistance to the memory upon some slate, book, paper, or other substance; it is of no consequence
what the latter material was, or the size or shape, so long as the notation thereon was a mere minute, not intended to be preserved as
evidence, but to be used in the preparation of a book of account to be preserved. 30 Am J2d Ev § 941.
An Original Entry within rule admitting in evidence books of account consisting of such entries must have been made in the regular
course of business; must, as a rule, have been a part of the series; must be fairly contemporaneous with the items entered; and must be
the first permanent record of a transaction recorded. Anno: 17 ALR2d 239.
 JOURNAL: A publication, such as a magazine. A formal record of court proceedings. A court record in which judgments are entered.
30A Am J Rev ed Judgm § 91. The book in which the proceedings of a house of a state legislature are recorded, particularly the
proceedings in the enactment of a law. 49 Am J1st States § 37; 50 Am J1st Stat § 137. The record in which the minutes of a city
council meeting are recorded. 37 Am J1st Mun Corp §§ 64, 65. In Bookkeeping, a daybook, but, more precisely, the record to which
Original Entries are transferred.
 SHOPBOOK: The account book of a tradesman or shopkeeper. See books of account.
 SHOPBOOK RULE: The Rule of Evidence under which the books of account of a party are rendered admissible as evidence of
goods sold and delivered or of services performed, it being the rule in the great majority of the states to admit entries in books made
in the ordinary course of business at or near the time of the transaction to which they relate, where properly authenticated according to
the requirements of the particular jurisdiction. 30 Am J2d Ev § 918.
 SERVICE: Work performed. Employment by another. A contraction of military service. A breeding. A person is in the "service" of
another when he is so occupied that during the continuance of the relation he is bound to submit his will to the direction and control of
that other in the prosecution of that occupation. Cameron v State Theatre Co. 256 Mass 466, 467, 152 NE 880, 881.
The term as used in a provision of the Social Security Act defining employment as any service performed by an employee for his
employer, means, not only work actually done, but the entire employer-employee relationship for which compensation is paid to the
employee by the employer. Social Secur. Board v Nierotko, 327 US 358, 90 L Ed 718, 66 S Ct 637, 162 ALR 1445.
As used in the statutes and otherwise in connection with military and naval affairs, the word is an ambiguous one which is used in
many senses. When used coupled with the word "active," referring to times of war or national emergency, it has a limited and
immediately understandable meaning, but it may be used in a larger and more comprehensive sense, as where a statute refers to a
severance of connection with "service" of an officer connected with a particular branch or department of the naval establishment, in
which case the naval service as a whole may be signified. 36 Am J1st Mil § 20. See Continuous Service; military service; public
service; services of wife.
 CONTINUOUS AND UNINTERRUPTED USE. A term of the law of prescription, meaning a use that is not interrupted by the
act of the Owner of the Servient premises or by voluntary abandonment by the person claiming the easement. 25 Am J2d Ease §§
56, 57.
 CONTINUOUS EASEMENT: An easement, the enjoyment of which may continue without the necessity of any actual interference
by man; an easement depending upon some artificial structure upon, or natural formation of, the servient tenement, obvious and
permanent, and constituting a means of enjoying the easement, such as the bed of a running stream, an overhanging roof, a drain, or a
sewer. 25 Am J2d Ease § 10.

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 CONTINUOUS SERVICE: As a condition of a right to holiday pay under a collective bargaining agreement, "continuous service" is
service without deliberate stoppage of work for several days but not without breaks for personal reasons which would appeal to
reasonable men to be excusable under the circumstances. Kennedy v Westinghouse Elec. Corp. 16 NJ 280, 108 A2d 409, 47 ALR2d
1025.
 CONTINUOUS SERVITUDE: See continuous and uninterrupted use; continuous easement.
 SERVICE LIEN: A lien for work and labor performed. A common-law or statutory lien for service by a male breeding animal,
sometimes on the female served, sometimes on both the female and the resulting foal. 4 Am J2d Am § 78.
 SERVICE REAL: A term of the civil law meaning a Service Servitude which one estate owes to another, or the right of doing
something or having privilege in one man's estate for the advantage and convenience of the owner of another estate. Karmuller v
Krotz, 18 Iowa 352, 357.
The estate unto which the service is due is called "praedium dominans," or the ruling estate; and the other estate, which suffers or
yields the service, is called "praedium serviens," or an estate subject to a privilege or service. Morgan v Mason, 20 Ohio 401.
 SERVICES: A term applied to those acts or "renders," as they were called, which were due to the lords from their tenants under the
old system of feudal tenure. See 2 Bl Comm 60.
 DECLARATION OF HOMESTEAD: A statement of the fact of claiming a homestead exemption describing the property
selected and filed with the county recorder for the purpose of showing the world that the occupants claim their homestead exemption
rights in the property. 26 Am J1st Home § 90.
 TITLE. The Legal Estate in fee, clear of all valid claims, liens, and encumbrances whatsoever, or expressed differently, the
ownership of land without any rightful participation by any other person in any part of it. Porter v Noyes, 2 Me 22. The union of all the
elements which constitute ownership, at common law divided into possession, right of possession and right of property, the last two
now, however, being considered essentially the same. Carroll v Newark, 108 NJ 323, 158 A 485, 79 ALR 509. The foundation of
ownership; the basis of a person's right or the extent of his interest. The means whereby an owner is enabled to maintain or assert his
possession and enjoyment. 42 Am J1st Prop § 36. The right of an owner considered with reference either to the manner in which the
property has been acquired or its capacity of being effectually transferred. 42 Am J1st Prop § 36.
 TITLE BY ALLUVION. See alluvion.
 ALLUSION: A passing, casual, slight or incidental reference; a hint; a suggestion; an insinuation. Atchison, T. & S. F. Ry. Co. v
Vanordstrand, 67 Kan 386, 73 P 113.
 INSINUATION: A suggestion of something, particularly bad or criminal conduct. 33 Am J1st L & S § 9. (Civil law.) Copying
anything into a public record.
 TITLE BY BANKRUPTCY: The Title of the Trustee in bankruptcy to assets of the estate in bankruptcy available for administration
in bankruptcy and for distribution by payment of costs and expenses of the proceeding and distribution to creditors. Re Lesser (DC
NY) 100 F 433, 436.
 TITLE BY CESSION: The complete and unqualified title to all property possessed by the Grantor vested in a nation under a treaty
ceding territory to such nation, by which cession all real properly passes to the Grantee together with all buildings erected thereon by
the Grantor or by others with the Grantor's permission-except such as belong to individuals who have acquired and preserved a right
of removal. 30 Am J Rev ed Internal L § 44.
 TITLE BY RECORD: A title under Judicial or other Public Record. A Land Title derived from the state; the title of a Patentee
of land or the immediate or remote vendee of a Patentee. Shaw v Robinson, 111 Ky 715, 724, 64 SW 620.
Title By Patent from the United States is Title by Record; and delivery of the instrument to the Grantee is not essential to pass the
title as in the conveyances by private persons. Jesse v Chapman, 68 Okla 199, 173 P 1044.
 LAND PATENT: A conveyance to an individual of that which is the absolute property of the government and to which, but for the
conveyance, the individual would have no right or title.
A transfer by the government to the Entryman of land covered by a Homestead Entry, upon payment for the land and proof of
settlement, residence, and cultivation. 42 Am J1st Pub L § 31.
 ENTRYMAN. A person who makes an entry of public lands under the Homestead Laws.
ATHELING: A member of the royal family; a nobleman.
 CULPA: Guilt; fault; negligence. See diligentia; lata culpa.
 DILIGENTIA: In the civil law, there are three degrees of diligence; diligentia or ordinary diligence; exactissima diligentia or
extraordinary diligence; and levissima diligentia or slight diligence. Likewise, there are three degrees of fault or neglect; lata culpa or
gross fault or neglect; levis culpa or ordinary fault or neglect; and levissima culpa or slight fault or neglect. Brand v Troy &
Schenectady Railroad Co. (NY) 8 Barb 368, 378.
 LATA CULPA: Gross fault or neglect.
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 LATA CULPA DOLO AEQUIPARATUR: An expression of the principle that gross fault–or gross negligence–is equivalent to
Fraud.
 CULPABILIS: Guilty.
 CULPABLE: Criminal; censurable. Where the term is applied to the omission of a person to preserve the means of enforcing his own
rights, "censurable" is more nearly an equivalent. Waltham Bank v Wright, 90 Mass (8 Allen) 121, 122.

 CULPABLE NEGLIGENCE: A term sometimes defined in a manner similar to definitions of ordinary negligence, it being said that
"culpable negligence" is the omission to do something which a reasonable, prudent and honest man would do, or doing something
which such a man would not do under all the circumstances surrounding each particular case. State v Emery, 78 Mo 77; Kent v State, 8
Okla Crim 188, 126 P 1040. Other authorities consider "culpable negligence" as something beyond ordinary negligence, defining it as
the conscious and wanton disregard of the probabilities of fatal consequences to others as the result of the wilful creation of an
unreasonable risk thereof; or a wanton disregard of, or indifference to, the safety of human life. Smith v State, 197 Miss 802, 20 So2d
701, 161 ALR 1. The term, as used in workmen's compensation acts excepting employees guilty of such negligence from the right to
compensation, does not have the same meaning as the word "blamable," but means practically the same as "wilful and serious
misconduct" which in turn means improper conduct of grave and aggravated character, either intentional misconduct, or misconduct of
such a character as to evince a reckless disregard of consequences to the one who is guilty of it. Fulls v Swenson, 58 Wyo 393, 131
P2d 333; 58 Am J1st Workm Comp § 200. In most of the jurisdictions the term, as used in a manslaughter statute, has been construed
as meaning negligence of a higher degree than ordinary negligence which suffices as a basis for liability in a civil action. However, in
a few jurisdictions the term has been construed as denoting merely ordinary negligence when used in such a statute. Anno: 161 ALR
10.
 CHARTER OF DEMISE. The charter of a vessel wherein the vessel is hired or rented out for a specific period or voyage without a
crew, or with a crew paid by and responsible to the charterer. A demise charter is often called a "bare boat charter," notwithstanding
the fact that the demised vessel may be hired with a complete staff of servants and employees on board. The Steel Inventor (DC Md)
35 F Supp 986.
 DEMISE: Noun: A deed, lease, conveyance of the fee or of a life estate; a grant of land. Chandler v Hart, 161 Cal 405, 119 P 516;
Atlantic & North Carolina Railroad Co. v Atlantic & North Carolina Co. 147 NC 368, 61 SE 185. The transfer of property by will.
The word, appearing in a lease, implies a covenant on the part of the lessor of good right and title to make the lease. 32 Am J1st
L & T § 268. The word also means death, this meaning having originated in the reluctance of people in an earlier time to speak of the
possibility of the king's death, preferring to cloak the disaster of his dissolution by referring to it in the less harsh term "demise," the
passing of the crown to his heir. Verb: To grant; to lease; to bequeath; to pass on the death of the owner by bequest or inheritance.
 DEMISE AND RE-DEMISE: A kind of agreement which in effect is a mutual leasing of the same land, under which the owner pays
only a nominal rental.
 DIMINUTION OF THE RECORD: A term applied to a record on appeal which is in some respect inaccurate or incomplete. State
v Reid, 18 NC 382.
 DIMITTERE: To dismiss; to release.
 DISMISS: To discontinue; to order a cause, motion, or prosecution to be discontinued, quashed, or dismissed as finally adjudicated
against the plaintiff. The term was not originally applied to common-law proceedings, but seems to have been borrowed by the law
courts from proceedings in the court of chancery, wherein practice it is applied to the removal of a cause out of court, without any
further hearing. It is applied to the removal or disposal of the cause itself, and not to the mere annulment of the writ. Bosley v Bruner,
24 Miss 457, 462.
 DISMISSAL: An order for the termination of a case without a trial of any of its issues; a voluntary discontinuance by the plaintiff. 24
Am J2d Dism § 1. A judgment dismissing a cause as finally adjudicated against the plaintiff. The termination of a criminal case by the
prosecuting attorney, the result of which is to free the defendant. Brackenridge v State of Texas, 27 Tex Crim 513, 11 SW 630. The
discharge of an employee; a termination of employment in public or private capacity at the instance of the employer. The Fort Gaines
(DC Md) 18 172d 413.
 DISMISSAL WITH PREJUDICE: An order of dismissal granted on motion of the defendant made without reservation as to
prejudice. 24 Am J2d Dism §§ 53 et seq. An adjudication on the merits of the case, a final disposition of the controversy which bars
the right to bring or maintain an action on the same claim or cause of action. Roden v Roden, 29 Ariz 549, 243 P 413; Pulley v
Chicago, R. I. & P. Ry. Co. 122 Kan 269, 251 P 1100.
 DISPOSAL: Arrangement; the transfer or alienation of property, even by gift, trade, or barter. See disposition.
 DISPOSE: To arrange; to put in place. To alienate, sell, or transfer. United States v Hacker (DC Cal) 73 F 292, 294; Hubbell v
Hubbell, 135 Iowa 637, 113 N W 512. To grant; to convey, even by way of barter or exchange. Phelps v Harris (US) 11 Otto 370, 380,
25 L Ed 855, 859. As the word appears in a statute providing a ground for attachment, it has a broader significance than "transfer," but
does not include the mere secretion of property. 6 Am J2d Attach § 237.
 DISPOSITION: Frame of mind; nature or temperament. An arrangement. A transfer of property. The power of disposal. See
fraudulent disposition of property; testamentary disposition.
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 POWER OF ALIENATION: The right and capacity to convey property. See rule against suspension of power of alienation.
 POWER OF DISPOSAL. An expression used in reference to the power of one other than the owner of property to dispose of it by
will.
 POWER OF EMINENT DOMAIN: See eminent domain.

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